Can I evict tenants if they don’t pay the rent?

Yes. Persistent rent arrears are one of the legal grounds on which a landlord can seek possession of a property.

However, under current legislation and the changes being introduced through the Renters' Rights Act, possession can only be obtained by following the prescribed legal process.

Step 1: 
We work to resolve the arrears

Our first priority is always to resolve payment issues before legal action becomes necessary.

As soon as arrears arise, our team contacts the tenant and guarantor to understand the circumstances and seek a resolution. This may include agreeing a repayment plan or arranging for the outstanding balance to be cleared over time.

Many arrears cases are resolved at this stage without the need for further action.

Step 2:
Formal action may be required

If arrears continue to increase and no agreement can be reached, landlords may decide to begin the formal possession process.

Under the Renters' Rights Act, landlords can seek possession for rent arrears using the relevant statutory grounds. For the mandatory rent arrears ground, tenants must be at least three months in arrears before notice can be served. Following the statutory notice period, possession proceedings can typically begin once arrears reach four months or more.

Importantly, this level of arrears must still be outstanding both when notice is served and at the point the case is heard by the court.

Once the relevant threshold has been met, notice can be served and the required notice period must be allowed to expire before any court application can be made.

Step 3:
Court proceedings

If the tenant remains in the property after the notice period has ended, an application for possession can be made to the court.

The court will review the evidence, including the amount of rent owed and the length of time the arrears have been outstanding, before deciding whether to grant possession.

Step 4:
Enforcement of the possession order

If possession is granted but the tenant still does not vacate the property, enforcement action may be required through County Court bailiffs or enforcement officers.

Depending on the circumstances, landlords may also seek to recover outstanding rent, court fees and associated legal costs.

What does the Renters' Rights Act mean for landlords?

The proposed abolition of Section 21 "no-fault" notices means possession claims will increasingly rely on specific statutory grounds, such as serious or persistent rent arrears.

This makes early intervention, accurate record keeping and proper compliance with the legal process more important than ever.

How often does this happen?

Fortunately, possession proceedings remain rare within our portfolio.

Our referencing procedures, affordability assessments and guarantor requirements are designed to minimise risk and support successful long-term tenancies wherever possible.